dismissed EB-3 Case: Culinary

MATTER OF C-J-J-S-D- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 12, 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
1 The Petitioner, a restaurant, seeks to employ the Beneficiary as a cook. It requests classification of the 
Beneficiary as an "other worker" under the third preference immigrant classification. See Immigration 
and Nationality Act section 203(b)(3)(A)(iii), 8 U.S.C. § 1153(b)(3)(A)(iii). This employment-based 
immigrant classification allows a U.S. employer to sponsor for lawful permanent resident status a 
foreign national who is capable of performing unskilled labor that requires less than two years of 
training or experience and is not of a temporary or seasonal nature. 
The Director of the Nebraska Service Center denied the petition on the grounds that the Petitioner 
did not submit documentation of the Beneficiary's work expe!ience and information about its 
recruitment process for the cook position, as requested by the Director. 
On appeal the Petitioner submitted a brief and supporting documentation, including some evidence 
of its recruitment for the offered position and a declaration from the Beneficiary regarding his work 
expenence. 
On May 31, 2017, we sent a notice of intent to dismiss and request for evidence (NOID/RFE) to the 
Petitioner which addressed the issues of (1) whether a bona fide job offer exists that is available to 
U.S. workers and (2) whether the Petitioner has had the continuing ability to pay the proffered wage 
from the priority date of the petition (October 7, 2015) up to the present. We requested specific 
evidence from the Petitioner to address these two issues and afforded the Petitioner 87 days to 
respond to the NOID/RFE. The 87-day response period expired on August 26, 2017, with no fm1her 
evidence or communication of any kind from the Petitioner. 
If a petitioner does not respond to an RFE or a NOID by the required date, the petition may be 
summarily denied as abandoned, denied based on· the record, or denied for both reasons. See 
8 C.F.R. § 103.2(b)(13). Since the Petitioner has not responded to the NOID/RFE, the petition is 
deniable under the regulatory provision cited above. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3). 
Cite as Matter ofC-J-J-S-D-lnc., ID# 397414 (AAO Sept. 12, 2017)